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OBASI IBENYE & ORS V. ABRAM AGWU & ANOR

(1998) JELR 45595 (SC)

Supreme Court  •  SC.77/1992  •  18 Sep 1998  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC;

Judgement

OGUNDARE, J.S.C (Delivering the Leading Judgment): In suit No. HU/7/74, Abraham Agwu and Onyebuchi Amaechi, for themselves and as representing Umuohu-Azueke community of Ndume-Ibeku sued Onyemakfe Nwakwuruibe, Odum Awomukwu and Nnesirionye Obike in the Umuahia Judicial Division of the High Court of former East Central State, claiming -

"(a) Declaration of title to all that lot piece or parcel of land known as and called 'Okpula Umuohu' situate at Umuohu, Azueke, Ndume, Ibeku within the Umuahia Judicial Division - annual rental value N10.00.

(b) N1,000.00 being special and general damages for trespass upon the said land.

(c) Injunction permanently restraining the defendants, their servants, agents and/or workmen from further entry upon or interference with the said land."

The defendants were, with leave of court, allowed to defend as representatives of the Ihie community of Ndume-Ibeku. In another action, HU/8/74 instituted in the same court and about the same time, that is February 19…

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